APHC010268722026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 14127/2026 Between: 1. M/S. VIJAYA GEETHA OIL COMPANY, REP BY ITS PROPRIETOR SMT. T. GEETHA W/O. VIJAY KUMAR REDDY, AGED ABOUT 67 YEARS R/O. 11-138, GEETHA HOSPITALS, VARLA STREET, ELURU ROAD, GUDIVADA, KRISHNA DISTRICT - 521301 ...PETITIONER AND 1. THE UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GASES SASTRI BHAVAN, NEW DELHI.-110001. 2. INDIAN OIL CORPORATION LIMITED, REP. BY ITS EXECUTIVE DIRECTOR AND THE STATE HEAD, MOOSAPET, HYDERABAD, TELANGANA STATE (TS).- 500018. 3. THE DIVISIONAL RETAIL HEAD, INDIAN OIL CORPORATION LIMITED, BHARATHI NAGAR VIJAYAWADA- 520008. 4. THE ASSISTANT CONTROLLER LEGAL METROLOGY, DEPARTMENT OF LEGAL METROLOGY, D. N0.23B-3-6, KASTURIVARI STREET, R.R. PET, ELURU, ELURU DISTRICT.534002. 5. THE MANAGING DIRECTOR, GILBARGO VEEDER ROOT INDIA PVT LTD., CORPORATE OFFICE, ART GUILD HOUSE, B WING, 1ST FLOOR, PHEONIX MARKET CITY, L.B.S ROAD, KURLA WEST, MUMBAI - 400070. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No. 2 in issued impugned of A site RO Dealership vide Ref Termination order TAPSO/VJADO/127838/Termination dated 24.04.2026 of the Petitioner i.e.. M/s. Vijaya Geetha Oil Company (SAP 127838) situated at Gudivada Road, Mudinepalli, Krishna District, Andhra Pradesh, though the Writ Petition No. 20843 of 2025 is pending 2 against the show cause notice for termination for final adjudication as directed by the Honble Chief Justice Court in Writ Appeal No. 915 of 2025 dated 12.03.2026 and (received the copy of the termination on 06.05.2026) without considering their Analysis Report dated 16.11.2023 by treating as a critical irregularity and terminated the petitioner outlet without giving proper opportunity is highly illegal, arbitrary and violative of the Article 14, 19, 21 and 300-A of the Constitution of India, against the principles of natural justice and contrary to the law laid down in a similar matter the Honble High Court passed order in Writ Petition No.3105 of 2018 as confirmed in Writ Appeal No. 162 of 2020 and the Hon ble Apex Court in SLP ( C) No. 19008 of 2021 dated 15.03.2024 hence the impugned termination order of the 2nd respondent is liable to be set aside and consequently direct the respondents to allow to continue the petitioner A Site RO Dealership by reviewing the impugned Termination order vide Ref TAPSOA/JADO/127838/ Termination dated 24.04.2026 as the petitioner has not committed any critical irregularities even as per the Analysis report dated 16.11.2023 and withdraw the impugned termination order by considering the facts as well as law laid down by the Honble High Court as confirmed by the Honble Apex Court and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent authorities to continue the A site RO Dealership of the Petitioner by suspending the impugned order vide Ref TAPSO/VJADO/127838/Termination dated 24.04.2026 issued by the 2nd respondent, (Received on 06.05.2026) till the disposal of the Writ Petition as the Petitioner has not committed any critical illegalities even as per Analysis report dated 16.11.2023, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1. S.V.S.S.SIVA RAM 2. The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.14127 of 2026 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 in issued impugned Termination order of A site RO Dealership vide Ref: TAPSO/VJADO/127838/Termination dated 24.04.2026 of the Petitioner i.e.,M/s.Vijaya Geetha Oil Company (SAP 127838) situated at Gudivada Road, Mudinepalli, Krishna District, Andhra Pradesh, though the Writ Petition No.20843 of 2025 is pending against the show cause notice for termination for final adjudication as directed by the Hon’ble Chief Justice Court in Writ Appeal No.915 of 2025 dated 12.03.2026 and (received the copy of the termination on 06.05.2026) without considering their Analysis Report dated 16.11.2023 by treating as a critical irregularity and terminated the petitioner outlet without giving proper opportunity is highly illegal, arbitrary and violative of the Article 14, 19, 21 and 300-A of the Constitution of India, against the principles of natural justice and contrary to the law laid down in a similar matter the Hon’ble High Court passed order in Writ Petition No.3105 of 2018 as confirmed in Writ Appeal No.162 of 2020 and the Hon’ble Apex Court in SLP (C) No.19008 of 2021 dated 15.03.2024 hence the impugned termination order of the 2nd respondent is liable to be set aside and consequently direct the respondents to allow to continue the petitioner A Site RO Dealership by reviewing the impugned Termination order vide Ref TAPSO/VJADO/127838/Termination dated 24.04.2026 as the petitioner has not committed any critical irregularities even as per the Analysis report dated 16.11.2023 and withdraw the impugned termination order by considering the facts as well as law laid down by the Hon’ble High Court as confirmed by the Hon’ble Apex Court and pass such other order or orders.…” 2. The 2nd respondent vide impugned proceedings dated 24.04.2026, directed the petitioner to handover the peaceful possession of equipment of the outlet belonging to the Indian Oil Corporation to the representative of Vijayawada Divisional Office as 4 soon as he calls upon the petitioner for the said purpose and settle accounts, if any, within fifteen days of receipt of impugned proceedings. The petitioner also instructed not to use any logo and trademark of Indian Oil Corporation Limited or sell any petroleum products in the name of Indian Oil Corporation Limited in future, otherwise suitable legal action shall be taken. 3. The said proceedings are challenged on several grounds, one of which is that the 2nd respondent issued a show cause notice and the petitioner has submitted his explanation. Thereafter, writ petition and writ appeal have been filed by the petitioner as well as respondents. However, without considering the explanation offered by the petitioner, the 2nd respondent has passed the impugned proceedings and it amounts to violation of principles of natural justice. Hence, the present writ petition is filed seeking to set aside the impugned proceedings dated 24.04.2026. 4. Heard Sri K.Satyanarayana Murthy, learned counsel for petitioner and Sri S.V.S.S.Siva Ram, learned counsel for respondent Nos.2 and 3. 5. Learned counsel for respondents submits that as per the provisions of the Marketing Discipline Guidelines, 2012, the petitioner has to file an appeal before the appellate authority under Guideline No.8.9 and an alternative remedy is available to the petitioner. Hence, 5 the present writ petition is not maintainable and is liable to be dismissed. 6. Learned counsel for the petitioner does not refute the said submission. However, seeks protection to the petitioner’s rights till the petitioner avails the alternative remedy. 7. As argued by the learned counsel for respondents, there is an alternative remedy to the petitioner. Therefore, this Court directs the petitioner to approach the appellate authority challenging the proceedings dated 24.04.2026 within a period of four weeks from the date of receipt of a copy of this order. On filing such appeal by the petitioner, the Appellate Authority is directed to receive the same and pass appropriate orders in accordance with law. However, there shall be interim suspension of the impugned proceedings dated 24.04.2026 for a period of six weeks. In the meanwhile, the petitioner is permitted to file an appeal before the Appellate Authority, as stated supra. 8. Accordingly, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 08.05.2026 KBN 6 181 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.14127 of 2026 08.05.2026 KKBBNN